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Part 2E+WRegulation of Social Housing

Modifications etc. (not altering text)

Chapter 3E+WRegistration

IntroductionE+W

110OverviewE+W

This Chapter provides for the establishment of a register of providers of social housing.

Commencement Information

I1S. 110 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

111The registerE+W

(1)The regulator shall maintain a register of providers of social housing.

(2)The regulator shall make the register available for inspection by the public.

Commencement Information

I2S. 111 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

EligibilityE+W

112[F1Eligibility for voluntary registration]E+W

[F2(1)A body is eligible for registration if—

(a)it is an English body, and

(b)it satisfies the following conditions.]

(2)Condition 1 is that the body—

(a)is a provider of social housing in England, or

(b)intends to become a provider of social housing in England.

(3)Condition 2 is that the body satisfies any relevant criteria set by the regulator F3...—

(a)[F4as to] its financial situation,

(b)[F5as to] its constitution, F6...

(c)[F7as to] other arrangements for its management [F8, and

(d)to secure that the body would meet, on registration, standards set by the regulator under sections 193, 194, 194A and 194C.]

(4)Before setting criteria the regulator must consult—

F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(za)the HCA,]

[F11(aa)the Greater London Authority,]

(b)one or more bodies appearing to it to represent the interests of [F12private registered providers],

[F13(ba)any body for the time being nominated under section 278A,]

and

(c)one or more [F14other] bodies appearing to it to represent the interests of tenants.

F15(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I3S. 112(1)(2) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I4S. 112(3)(4) in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1) (with art. 3(3)(4))

I5S. 112(3)(4) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

F17113[F16Section 112: exceptions]E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

114Registration of local authoritiesE+W

F18(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The Secretary of State may by order require [F19or permit] the regulator to register—

(a)a specified local authority, or

(b)a specified class of local authority.

(3)Registration under subsection (2)—

(a)takes effect in accordance with any provision of the order about timing or other procedural or incidental matters, [F20and]

(b)does not require an application for registration, F21...

F22(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)If the Secretary of State thinks it necessary or desirable in connection with the registration of local authorities, the Secretary of State may by order—

(a)provide for a provision of this Part or any other enactment not to apply in relation to registered local authorities;

(b)provide for a provision of this Part or any other enactment to apply with specified modifications in relation to registered local authorities;

(c)amend a provision of this Part or any other enactment.

(5)In this section—

F23(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)“registered local authorities” means authorities or persons who are registered, registrable or to be registered as a result of an order under subsection F24... (2) above.

(6)Before making an order under this section the Secretary of State shall consult—

(a)any authority or person likely to be affected by it, and

(b)such other persons as the Secretary of State thinks fit.

Textual Amendments

Commencement Information

I6S. 114 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I7S. 114 in force at 7.9.2009 for E. in so far as not already in force by S.I. 2009/2096, art. 2(1)

[F25114ALocal authorities: duty to notifyE+W

(1)A local authority F26... which is not subject to compulsory registration must notify the regulator as soon as it becomes subject to compulsory registration.

(2)For these purposes, an authority is subject to compulsory registration if—

(a)it is a provider of social housing, or

(b)it intends to become a provider of social housing.]

Textual Amendments

115Profit-making and non-profit organisationsE+W

(1)Each entry in the register shall designate the body registered as either—

(a)a non-profit organisation, or

(b)a profit-making organisation.

(2)A body is a non-profit organisation if it is a registered or non-registrable charity.

(3)A body is also a non-profit organisation if it satisfies the following conditions.

(4)Condition 1 is that the body—

(a)does not trade for profit, or

(b)is prohibited by its constitution from issuing capital with interest or dividend at a rate exceeding that prescribed under section 1(1)(b) of the Housing Associations Act 1985 (c. 69).

(5)Condition 2 is that a purpose of the body is the provision or management of housing.

(6)Condition 3 is that any other purposes of the body are connected with or incidental to the provision of housing.

(7)The Secretary of State may make regulations providing that a specified purpose is to be, or not to be, treated as connected with or incidental to the provision of housing.

(8)A body which is not a non-profit organisation under subsection (2) or (3) is a profit-making organisation.

(9)If the regulator thinks that what was a profit-making organisation has become a non-profit organisation [F27or vice versa], the regulator must change the registered designation accordingly [F28and notify the body it has done so.]

[F29(10)Subsection (1) does not apply to the entry of a local authority in the register (and, accordingly, references to “profit-making” and “non-profit” in connection with a registered provider do not refer to a local authority).]

Textual Amendments

Commencement Information

I8S. 115 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

ProcedureE+W

116[F30Entry in the register: voluntary registration]E+W

(1)The regulator shall register anyone who—

(a)is eligible for registration [F31under section 112(1)], and

(b)applies to be registered.

(2)The regulator may make provision about—

(a)the form of an application;

(b)the information to be contained in it or provided with it;

(c)the manner in which an application is to submitted;

(d)the consequences of failure to comply with provision under paragraphs (a) to (c).

[F32(2A)The regulator must notify a body of the outcome of its application.]

(3)This section is subject to section 117 (fees).

(4)Once entered [F33in the register under this section] a body remains registered unless and until removed under section 118 or 119.

(5)It shall be presumed for all purposes that a person entered in the register [F34under this section] is eligible for registration while the registration lasts (irrespective of whether and why the person is later removed from the register).

[F35(6)This section deals with voluntary registration; for the registration of [F36local authorities], see section 114.]

Textual Amendments

Commencement Information

I9S. 116(1) s. 116(3)-(5) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I10S. 116(2) in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

117 FeesE+W

[F37(1)The regulator may charge—

(a)a fee for initial registration, and

(b)an annual fee for continued registration.

(2)Except in the case of a local authority, the regulator may make initial or continued registration conditional upon payment of the fee.]

(3)The regulator shall—

(a)prescribe the amount of a fee, and

(b)make provision about the periods during which and in respect of which annual fees are payable.

(4)The regulator may set different fees, and make different provision, for different cases or circumstances.

(5)Fees must be set in accordance with principles which the regulator prepares and publishes and which are designed to ensure that so far as is reasonably practicable—

(a)fee income matches expenditure on the performance of [F38the regulator's] functions,

(b)each fee is reasonable and proportionate to the costs to which it relates, and

(c)actual or potential registered providers can see the relationship between the amount of a fee and the costs to which it relates.

(6)The principles—

(a)shall provide for section 95(3) to be disregarded for the purpose of subsection (5)(a), and

(b)may provide for specified expenditure or potential expenditure under section 95 or otherwise to be disregarded for the purpose of subsection (5)(a).

(7)Principles do not have effect until approved by the Secretary of State.

(8)In preparing (or revising) the principles the regulator shall consult persons appearing to the regulator to represent the interests of fee-payers.

(9)The [F39regulator’s] accounts shall show—

(a)fees received, and

(b)fees outstanding.

F40(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38Words in s. 117(5)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 37(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Commencement Information

I11S. 117 in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I12S. 117 in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

118De-registration: compulsoryE+W

(1)The regulator may remove from the register a [F41private registered provider] which the regulator thinks—

(a)is no longer eligible for registration,

[F42(aa)has failed to meet a standard under section 193, 194 or 194C,]

(b)has ceased to carry out activities, or

(c)has ceased to exist.

[F43(2)Before acting under subsection (1)(a), (aa) or (b) the regulator must—

(a)give the private registered provider a notice—

(i)warning the provider that the regulator is considering action under the provision concerned, and

(ii)specifying a period (which must be at least 14 days beginning with the day the provider receives the notice) within which the provider may make representations, and

(b)consider any representations made during that period.]

[F44(3)The regulator must notify a private registered provider of a decision to remove it from the register under subsection (1)(a), (aa) or (b).]

[F45(4)The regulator shall remove a local authority from the register if the regulator becomes aware that the authority—

(a)is no longer a provider of social housing, or

(b)no longer intends to become a provider of social housing (in the case of an authority which intended to become one but did not in fact do so).]

Textual Amendments

Commencement Information

I13S. 118 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

119De-registration: voluntaryE+W

(1)A [F46private registered provider] may ask the regulator to remove it from the register.

(2)The regulator may comply with a request—

(a)on the grounds that the registered provider no longer is or intends to be a provider of social housing in England,

(b)on the grounds that the registered provider is subject to regulation by another authority whose control is likely to be sufficient, or

(c)on the grounds that the registered provider meets any relevant criteria for de-registration set by the regulator.

(3)Before deciding whether or not to comply, the regulator must consult such local authorities in whose area the registered provider acts as it thinks appropriate.

(4)The regulator shall not comply with a request by a non-profit registered provider if it thinks that removal is sought with a view to enabling the registered provider to distribute assets to members.

(5)In deciding whether or not to comply, the regulator must (in particular) have regard to—

F47(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)any conditions imposed in connection with financial assistance given to the registered provider under any enactment.

(6)Having decided whether or not to remove the registered provider the regulator must notify—

(a)the provider, and

(b)any authority consulted.

(7)The regulator shall publish criteria set for the purposes of subsection (2)(c).

Textual Amendments

Commencement Information

I14S. 119(1) s. 119(3)-(6) in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

I15S. 119(2)(7) in force at 8.9.2008 for specified purposes by S.I. 2008/2358, art. 3(1)

I16S. 119(2)(7) in force at 1.4.2010 in so far as not already in force by S.I. 2010/862, art. 2 (with Sch.)

120NoticeE+W

(1)As soon as is reasonably practicable after registering or de-registering a body the regulator shall notify—

(a)in the case of a registered charity, the Charity Commission,

(b)in the case of [F48a registered society], the [F49Financial Conduct Authority], F50...

(c)in the case of a registered company (whether or not also a registered charity), the registrar of companies for England and Wales [F51, and

(d)in the case of a local authority, the Secretary of State.]

(2)[F52Except in the case of a local authority,] a notice of registration shall specify whether the person registered is designated as a non-profit or profit-making organisation.

(3)If the designation changes, the regulator shall notify any person notified of the registration.

(4)A person to whom notice is given under this section must keep a record of it.

Textual Amendments

Commencement Information

I17S. 120 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)

121AppealE+W

(1)A body may appeal to the High Court against a decision of the regulator—

(a)to refuse to register it,

(b)to de-register it [F53under section 118(1)], F54...

(c)to refuse to de-register it,

[F55(d)to designate it as a non-profit organisation or as a profit-making organisation (as the case may be), or

(e)to change its registered designation.]

[F56(1A)An appeal under this section must be brought within the period of 28 days beginning with the day on which the body is notified of the decision it is appealing.]

(2)The regulator shall not de-register a body [F57during the appeal period].

[F58(2A)The “appeal period” means—

(a)where an appeal is brought, the period beginning with the day on which notice of the decision appealed against is given and ending with the day on which the appeal is finally determined or withdrawn, and

(b)otherwise, the period during which an appeal could be brought.

(2B)Subsections (1A) to (2A) do not apply to a decision of the regulator to de-register a body under section 118(1)(c).]

(3)The Secretary of State may by order provide for the First-tier Tribunal to have jurisdiction under this section instead of the High Court.

Textual Amendments

Commencement Information

I18S. 121 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)